Bar Exam Uniform Quiz
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CIVIL PROCEDURE
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A company sued a competitor in federal court for patent infringement. The competitor moved for summary judgment, arguing non-infringement. In support, the competitor submitted a detailed affidavit from its lead engineer explaining why its product did not contain a key element of the company's patent claim. In opposition, the company submitted an affidavit from its own in-house counsel. The affidavit stated: "Based on my review of the patent and the competitor's product schematics, it is my legal opinion that the competitor's product clearly infringes on our patent."
How should the court treat the affidavit from the in-house counsel when deciding the motion for summary judgment? Select one.
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